Reading Michigan v. Bryant, 'Reading' Justice Sotomayor

Yale Law Journal Forum, March 2014

Brooklyn Law School, Legal Studies Paper No. 378

20 Pages Posted: 24 Apr 2014

Date Written: 23, 2014

Abstract

What are we to make of Justice Sotomayor’s criminal procedure jurisprudence? This Essay attempts to answer that question by offering three readings of her Confrontation Clause decision in Michigan v. Bryant. All three close readings, coupled with details from her memoir, serve as the basis for a “reading” of Justice Sotomayor. In toto, these readings reveal Justice Sotomayor to be precedent-bound, except when she’s not, and to be progressive, but not above using conservative methodologies to get her way. And while there is much to applaud in her jurisprudence, there are dangers too. And hope.

Keywords: Hearsay, Confrontation Clause, testimonial, domestic violence

Suggested Citation

Capers, I. Bennett, Reading Michigan v. Bryant, 'Reading' Justice Sotomayor (23, 2014). Yale Law Journal Forum, March 2014, Brooklyn Law School, Legal Studies Paper No. 378, Available at SSRN: https://ssrn.com/abstract=2428392

I. Bennett Capers (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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